This article is written by Shobhit Chakravarty B.L.S., LL.B 1st year law student of KLE LAW College during his internship at Le Droit India.
Keywords
Proliferation, Right to equality, Fundamental Rights
Introduction
Law provides the citizens rights with the rights through which one enjoys his freedom the rights which do not let one get discriminated the right which ensures men and women are treated equally. Law is present everywhere in society and with the advancement, in technology and proliferation of its users, the scope of Law is increasing day by day. Right to equality is a part of Fundamental Rights but still, but the disparity can still be seen as women lagging behind men in many areas just because of society and its thoughts so the task to erase this disparity and provide the support which is needed for the upliftment of women, the deprived class, etc. Still the poor and uneducated even educated face trouble accessing justice when needed because of the lack of education about the law and because of the barriers.
Judiciary as a change agent for gender equality
The judiciary can bring important changes in society when the judiciary operates without gender bias and supports gender equality. The decisibecomeen by the judiciary becomes a norm for all the people in the society through established mediums of state-citizen engagement and the influence of the court goes beyond those who come in direct contact with them. However, it is not always that the judiciary is effective in upholding gender equality as a majority of people may not be influenced by the judicial decisions for instance customary laws might govern a lot of people.
How can Judiciary be an end to Inequality?
Judiciary imbibes the potential to bring the changes that are required for the required change in society after the judgment is pronounced it becomes a norm which needs to be followed by everyone which helps the Judiciary to end Inequality and take steps for upliftment.
Importance of Judgements pronounced by Courts
The courts’ primary responsibility is to resolve disputes by applying the constitution to the situation at hand and to uphold gender equality in their rulings. Courts have the authority to invalidate legal measures, such as uneven rights of property inheritance that indirectly support gender discrimination.
Courts play an important role in laying down the guidelines if there is an absence of domestic law the case of Vishaka & Ors vs State Of Rajasthan & Ors on 13 August 1997 helps to understand this better in this case the Supreme Court laid down several guidelines for the prevention of sexual harassment at workplace In addition to declaring sexual harassment illegal under Indian law and international agreements, the Supreme Court of India issued directives and rules that must be followed in all workplaces and other organisations until sexual harassment legislation is passed by the parliament.
Gender Balance in Judiciary
Typically, the judiciary itself creates the rules and regulations that guide court procedures. These regulations may create a gender-sensitive setting and include clauses that allow victims of sexual assault to testify in private rooms, provide waiting areas for them, protect their privacy and confidentiality, and have straightforward evidentiary requirements. These guidelines offer women a welcoming and inclusive atmosphere. The judiciary demonstrates that there are no discriminatory standards against women in the selection of judges. Women judges will contribute to the diversity and representativeness of the courts, and the equal representation of both sexes on the bench will have an impact on how gender-responsive the courts are. Women judges will contribute to the establishment of gender equality by better comprehending the complaints of women.
Steps Judiciary is taking for Upliftment of Women
Physical access to justice is essential, and policies that emphasize expanding the number of courts, judges, or mobile courts may benefit women more than males as women typically have more time constraints and lower mobility. In a nation where gender inequality is pervasive in nearly every aspect of society, the Indian judiciary has a significant role to play in empowering women and promoting gender equality. Through its court decisions, the Indian Judiciary has assisted women in receiving what is legally and morally theirs, and it has demonstrated that discrimination against women in Indian society won’t be permitted at all. The judiciary’s job is to interpret and uphold the rules of law established by the constitution. The judiciary must carry out the laws in a way that can provide justice to all while keeping in mind the ideals of equity, justice, and good conscience. The legislative may create the legal provisions. The judiciary considers each provision before putting it into practice where it is needed for societal advancement.
Women in India are protected against injustice by the judiciary thanks to the Indian Constitution. The rights of women have constantly been enhanced by the Indian Constitution. The constitution includes safeguards for women’s rights and permits the enactment of special laws for them, such as the Dowry Prohibition Act of 1961, the Medical Termination of Pregnancy Act of 1971, the Immoral Traffic (Prevention) Act of 1956, the Maternity Benefit Act of 1961, and the Indecent Representation of Women (Prohibition) Act of 1986. Under sections 24 and 25 of the Hindu Marriage Act of 1955 and section 18 of the Hindu Adoptions and Maintenance Act of 1956, as well as the Parsi Marriage and Divorce Act of 1936 and the Indian Divorce Act of 1869, specific provisions have been drafted in the personal law to provide maintenance to women. The Muslim Women (Protection of Rights and Divorce) Act of 1986 provides maintenance to Muslim women.
CASES RELATED
The Indian Judiciary’s judicial judgements have had a significant impact on and brought about many significant changes in the social norms that have long been the standard.
Indian airlines had established various restriviolateeemed to violate Article 14 of the Indian Constitution in the case of Air India Etc. vs. Nergesh Meerza. The clause specified that air hostesses would be prohibited from getting married for the first four years of their employment would be fired if they got pregnant, and would retire at the age of 35 unless the managing director decided to prolong it. According to the Supreme Court, because this clause places unrestricted power in the hands of one person, the termination of employment based on the first pregnancy and the extension of the managing director’s position both contradict the principle of equality established by Article 14.
The Supreme Court of India ruled in the case of Shah Bano Begum that all husbands, regardless of religion, will be required to support their divorced wives under the provisions of section 125 of the Code of the Criminal Procedure, 1973, and ordered the parliament to draught a uniform civil code regarding the obligation of a Muslim husband to provide maintenance to his divorced wife who is unable to support herself after the iddat period.
Obstructions
- Women’s freedom of choice and access to more possibilities are restricted by discriminatory laws. For instance, regulations that compel women to acquire their spouses’ consent before travelling or working, uneven inheritance rights, unequal rights and obligations in marriage, etc.
- Inadequate laws to combat specific discrimination against women. For instance, despite laws prohibiting workplace harassment, women frequently experience verbal, physical, and sexual harassment at work.
- Financial expenses associated with court cases, such as court charges and travel costs, cause delays or the refusal to pursue legal recourse.
- The court system could be prejudiced against women or lack gender sensitivity. People working in legal institutions, for instance, believe that marriage-related issues are private and outside of their purview.
Things that Need to be done
- To address all of the discriminatory and gender-biased measures, new legislation must be established. Legal analyses, legislative revision, temporary special measures, outreach activities, special money, and the appointment of women to judicial positions are all ways to accomplish this.
- For women to be able to assert their rights, both individually and collectively, they must be empowered. To enable women to participate in social activities and address the causes of gender inequality, it can be considered to hire women decision-makers in the judicial sector, create venues for women to speak up and negotiate, and strengthen women’s groups.
- It is necessary to improve judicatories to remove all obstacles that prevent women from resuming steps can steps that can be taken, such as processing women’s complaints properly, enhancing women’s access to legal aid services, developing gender strategies, plans, and mechanisms, and providing training and skill-building for those working in judicial institutions.
- To remove all barriers preventing women from accessing justice, judicial processes must be enhanced and tailored. Women’s complaints should be processed properly, their access to legal aid services can be improved, gender strategies, plans, and mechanisms may be developed, and individuals working in judicial institutions can receive training and skill-building. These are just a few of the actions that can be implemented.
Conclusion
Gender-based discrimination is a social illness that ought to be eradicated at all costs. A nation’s judiciary must take the initiative and interpret the laws in a way that upholds the equality precoder to improve the status of women in our society and alter all the laws that prevent them from making decisions and taking advantage of all the opportunities that life has to offer, constitutional measures must be made. Governments must implement welfare policies, plans, funding, and programmes that emphasise the social, economic, and educational empowerment of women.
References
